Sanjay Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.758 of 2026 Arising Out of PS. Case No.-150 Year-2025 Thana- RAJEPUR District- East Champaran ====================================================== Sanjay Ram S/o Nageshwar Ram R/o Vill- Kayari Gawa, PS- Rajepur, District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manoj Kumar, Advocate For the Opposite Party/s :
Mr.Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 04-02-2026 Heard the parties.
2. The petitioner is apprehending arrest in connection with Rajepur P.S. Case No. 150 of 2025 instituted under Sections 126(2), 115(2), 109, 74, 303(2), 352, 351, 3(5) of the Bhartiya Nayay Sanhita, 2023 lodged on 25.05.2025 by the informant, Shobha Devi.
3. As per the prosecution story, the informant alleged that due to previous dispute, the accused persons assembled and abused. Upon protest, allegation against this petitioner is of giving Farsa blow on the head causing injury. The further allegation is of taking away the money and outraging modesty is also there. This led to the FIR.
4. Learned counsel for the petitioner submits that the petitioner has no criminal antecedent, exaggerated FIR is there
2/4 and with the help of injury report (Annexure-2), it has been submitted that the injuries have been found to be simple in nature by the Government Health Center, Madhuban, East Champaran.
5. Last submission is that irrespective of the outcome of the present case and/or accepting the allegation, the petitioner intends to contribute Rs.5000/- to the informant through Demand Draft issued by the local State Bank of India branch/Any Nationalized Bank to be submitted before the concerned Court to be handed over to the informant/injured after checking the credential.
6. Learned APP opposes the prayer submitting that the allegation of assault on this petitioner is there.
7. Considering the submissions of the parties as also that the injury has been found to be simple in nature, he do not have any criminal antecedent, in that background, this Court is inclined to extend him the privilege of anticipatory bail subject to payment of Rs. 5000/- to the informant through Demand Draft issued by the local State Bank of India branch/Any Nationalized Bank to be submitted before the concerned Court to be handed over to the informant/injured after checking the credential.
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8. Let the petitioner be released on bail, in the event of his arrest or surrender before the concerned court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each in connection with Rajepur P.S. Case No. 150 of 2025 to the satisfaction of learned Judicial Magistrate-1st Class, Motihari Sadar, East Champaran subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also the other conditions.
(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document (Aadhar Card/Driving License/Voter ID/Pan Card etc.) to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance and at the end of the period a certificate be submitted before the Trial Court failing which the State shall be at liberty to take steps for cancellation of bail bonds;
4/4 (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Ravi/- U T